Tuesday, October 30, 2012

The U.S. Supreme Court will hear oral argument on Monday, November 5, 2012 in Comcast Corp. v. Behrend, no. 11-864. Arguments always begin at 10:00 a.m. Eastern (7:00 a.m. Pacific), and normally the transcript is posted later the same day. Check here for the link on Monday.

This is the case in which the Supreme Court may elaborate on Dukes. The question presented, which normally tracks the language of the cert. petition, was restated by the Supreme Court when it granted cert. The restated question reads:

Whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.